Mr. Laxman Tukappa v. Hdfc Bank Limited
Case brief
What is this about?
Writ Petition (GM-RES) WP No. 23763 of 2025, High Court of Karnataka, decided 12.08.2025 by B M Shyam Prasad, J. Petitioner Laxman Tukappa (borrower) v. HDFC Bank Limited (secured creditor, through authorised officer Sreenidhi S N; counsel B C Avinash), M/s South Star Technology Solutions Pvt. Ltd. and Mrs. Shobha Marpalle (notice to R2/R3 dispensed with by order dated 11.08.2025). Keywords: SARFAESI Act 2002, Section 14, Section 17, X ACMM Bengaluru, Crl. Misc. No. 50353/2020, order dated 12.01.2024, bank notice dated 25.10.2024, sealed residential property, restoration of possession, application dismissed for default, interim order deposit Rs.4,50,000, offer of Rs.11,00,000, 25% of outstanding, Debt Recovery Tribunal (DRT), expeditious disposal, Articles 226 and 227. Disposition: petition disposed of with liberties; no quashing.
What did the court decide?
No quashing of the impugned order or notice; petition disposed of with liberties: (i) liberty to the petitioner to seek restoration of the application dismissed for default in the Section 17 SARFAESI proceedings together with an application for restoration of possession; (ii) liberty to approach the first respondent (HDFC Bank) for immediate possession offering 25% of the outstanding with an undertaking to clear the entire amount, which offer the bank must consider notwithstanding the liberty to approach the DRT; and (iii) a request to the DRT to consider the application expeditiously if the petitioner avails the liberty.